FEMA Public Assistance Work & Cost Eligibility

Coronavirus (COVID-19) Pandemic: Emergency Medical Care

The FEMA COVID-19 Emergency Protective Measures Fact Sheet included a list of eligible emergency medical care activities. The eligibility of emergency medical care activities as an emergency protective measure under the Emergency Declaration and any Major Disaster Declaration authorizing Public Assistance (PA) for COVID-19 will be an evolving process. A guiding principle would be any increased operational costs related to Covid-19 should be considered for  financial recovery. The challenge will be whether recovery will be FEMA Public Assistance Program or other Federal or State Covid-19 funding programs. 

General Eligibility Considerations for Emergency Medical Care

Eligible emergency protective measures taken to respond to the COVID-19 emergency at the direction or guidance of public health officials may be reimbursed under the PA program. On March 19, 2020, FEMA released the COVID-19 Emergency Protective Measures Fact Sheet which outlines the types of emergency protective measures that may be eligible under the PA program in accordance with the COVID-19 Emergency Declaration.

General eligibility considerations for emergency medical care activities apply to all claimed work and associated costs. They include Applicant, Facility, Work, and Cost eligibility to which all claims are subject under the PA program.

Applicant Eligibility

SLTT government entities are eligible to apply for PA.  Certain PNP organizations are eligible to apply for PA, including those that own and/or operate medical care facilities.

Private for profit entities, including for profit hospitals, are not eligible for assistance from FEMA under PA.  SLTT government entities may contract with for profit hospitals to carry out eligible emergency protective measures.  FEMA will reimburse the eligible Applicant for the cost of eligible work, and the Applicant will then pay the private entity for the provision of services.

Facility Eligibility

For SLTT governments, evaluating facility eligibility is not necessary for most emergency work.  PNPs are generally not eligible for reimbursement for emergency services because they are not legally responsible for providing those services.

PNPs that own or operate a medical or custodial care facility are eligible for:

  • reimbursement of costs from FEMA related to patient evacuation when such an action is needed.
  • in limited circumstances, reimbursement when essential components of a facility are urgently needed to save lives or protect health and safety, such as an emergency room of a PNP hospital.
  • reimbursement of costs for emergency medical care, as outlined in the Eligible Emergency Medical Care Activities section.

Work Eligibility

Work must be necessary as a direct result of the emergency or major disaster (44 CFR §206.223(a)(1)).Costs must be directly related to COVID-19 cases. For example, emergency medical care costs related to a non-COVID-19 illness or injury are not eligible. 

Costs for personal protective equipment (PPE) for health care providers who are working in a hospital treating COVID-19 patients are eligible, as it is necessary to prevent further spread of the virus and protect health care workers and other patients.  

Cost Eligibility

All assistance provided under PA is subject to standard program eligibility requirements, including reasonable cost, procurement, and duplication of benefits requirements.

 FEMA cannot: 

  • Provide assistance under PA that is covered by another funding source.
  • Duplicate assistance provided by HHS, including the Centers for Disease Control and Prevention (CDC), or other federal agencies.
  • This includes funding provided by the Public Health Emergency Preparedness Cooperative Agreement Program; the Public Health Crisis Response Cooperative Agreement; the Epidemiology and Laboratory Capacity for Prevention and Control of Emerging Infectious Diseases; and grants available from the HHS Office of the Assistant Secretary for Preparedness and Response. 
  • Provide PA funding for emergency medical care costs if they are covered by another source, including private insurance, Medicare, Medicaid, or a pre-existing private payment agreement.
  • The Applicant must be able to provide documentation verifying that insurance coverage or any other source of funding, including private insurance, Medicaid, or Medicare, has been pursued or does not exist for the costs associated with emergency medical care and emergency medical evacuations.  
  • Each applicant will need to agree to the stipulation in the grant conditions of all FEMA awards that funding is not also being received from another funding source.  FEMA is coordinating with HHS to share information about funding from each agency to assist in the prevention of duplication of benefits.

Other Considerations for Emergency Medical Care Eligibility

When the emergency medical delivery system within a declared area is destroyed, severely compromised, or overwhelmed, FEMA may fund extraordinary costs associated with operating emergency rooms and with providing temporary facilities for emergency medical care or expanding existing medical care capacity in response to the declared incident. Costs associated with emergency medical care should be customary for the emergency medical services provided. Other eligibility considerations specific to emergency medical care activities as an emergency protective measure under the COVID-19 Declarations are provided in this section.

Time Limitations for Completion of Work

  • Emergency medical care costs are typically only eligible for up to 30 days from the declaration date unless extended by FEMA.
  • Under the COVID-19 Declarations, eligible emergency medical care costs are eligible for the duration of the Public Health Emergency, as determined by HHS.

Public versus PNP Facility

  • Emergency medical care is eligible as an emergency protective measure for public and PNP medical facilities, as long as the facility provides an emergency medical service necessary to save lives and/or protect public health and safety. In this case, emergency medical care related to COVID-19 cases is eligible as an emergency protective measure.

Emergency Medical Care versus Long-Term Medical Treatment 

  • Only emergency medical care that is necessary to save lives and/or protect public health and safety is eligible.

Long-term medical treatment is not eligible. This includes:

  • Medical care costs incurred once a COVID-19 patient is admitted to a medical facility on an inpatient basis.
  • Costs associated with follow-on treatment of COVID-19 patients beyond the duration of the Public Health Emergency, as determined by HHS.
  • Administrative costs associated with the treatment of COVID-19 patients.

 Eligible Emergency Medical Care Activities When Depend on the Applicant Type (State, County, Local,etc) and their Legal Responsibility for the Emergency Services and Directions from Local and State Public Health Authorities.  Eligible emergency response costs may include, but are not limited to the following examples:

Contracts

  • Contracts (existing and procured) to provide Covid-19 support services
  • Costs for contractors performing emergency protective work

Equipment

  • Durable medical equipment necessary for the treatment of Covid-19 
  • Leased or purchased equipment for use in temporary medical care facilities
  • Rented Equipment used to provide emergency Covid-19 services

Facilities 

  • Use or lease of specialized medical equipment necessary to respond to COVID-19 cases
  • Temporary facilities and expansions may be used to treat COVID-19 patients or non-COVID-19 patients, as appropriate. 
  • Temporary facilities, such as tents or portable buildings for treatment of survivors
  • Temporary medical facilities and expanded medical care facility capacity for COVID-19 for facilities overwhelmed by COVID-19 cases 
  • Temporary medical facilities and/or enhanced medical/hospital capacity (for treatment when existing facilities are reasonably forecasted to become overloaded in the near term and cannot accommodate the patient load or to quarantine potentially infected persons)
  • Non‐deferrable medical treatment of infected persons in a shelter or temporary medical  facility.
  • Related medical facility services and supplies.
  • Temporary Relocation of Essential Services

Medical Treatment & Actions

  • Costs associated with isolation of employees exposed to COVID-19 during patient care
  • Labor and supply costs for mass care operations
  • Management, control and reduction of immediate threats to public health and safety:
  • Medical waste disposal related to eligible emergency medical care
  • Other costs incurred as a result of COVID-19
  • Overtime paid to employees caring for COVID-19 patients
  • Security for temporary medical care facilities
  • Emergency medical treatment of COVID-19 patients
  • First-aid assessment and provision of first aid
  • Measures taken to protect patients and staff
  • Treatment, stabilization, and monitoring
  • Triage and medically necessary tests and diagnosis related to COVID-19 cases

Medical Supplies

  • A one-time 30-day supply of prescriptions for acute conditions or to replace maintenance  prescriptions
  • Prescription costs related to COVID-19 treatment
  • Vaccinations for survivors and emergency workers to prevent outbreaks of infectious and communicable diseases
  • Consumable medical supplies that are ingested, injected, or applied or are for one-time use only
  • Costs of PPE associated with COVID-19
  • Materials and Supplies used for Covid-19 by staff or contractors 
  • Purchase of PPE, durable medical equipment, and consumable medical supplies necessary to respond to COVID-19 cases (note that disposition requirements may apply)

Medical Transport

  • Emergency medical transport related to COVID-19
  • Emergency medical transport 
  • Evacuation Including Accessible Transportation and Emergency Medical Transportation
  • Use of ambulances for distributing immunizations and setting up mobile medical units

Donated Resource

  • Donated Resources including materials, supplies, commercial services, volunteers

Current FEMA Guidance on Eligibility of Medical Expenses. Prior to the COVID-19 outbreak, FEMA had published guidance on which costs are, and are not, eligible for assistance when "the emergency medical delivery system within declared area is destroyed, severely compromised or overwhelmed."

The guidance emphasizes that FEMA funding is for "extraordinary"situations – which quite clearly describes the COVID-19 outbreak. FEMA's focus is on using funding only for temporary costs created by the declared event,such as "extraordinary costs associated with operating emergency rooms and with providing temporary facilities for emergency medical care of survivors…Costs are eligible for up to 30 days from the declaration date unless extended by FEMA." FEMA's Policy includes examples of eligible and ineligible work and costs and is available here at page 63.

When the emergency medical delivery system within a declared area is destroyed, severely compromised or overwhelmed, FEMAmay fund extraordinary costs associated with operating emergency rooms and with providing temporary facilities for emergency medical care of survivors. Costs associated with emergency medical care should be customary for the emergency medical services provided.

More examples of possible eligible emergency medical costs may include, but not limited to:

Labor

  • Daily time records will need to be developed and kept for employees generating incremental costs of labor due to the incident.
  • This will include OT of non-exempt staff caused by COVID-19, hired per diem or non-exempt staff to backfill a paid non-productive employee, new hires to fill COVID-19 responsibilities or to backfill due to the impact of COVID-19, or extra activities of non-exempt staff (e.g. pharmacy staff time to compound/mix medications that cannot be purchased pre-mixed, the time of IT staff to set up laptops for work at home, staff to man ED tent triaging, added security staff time due to visitor policy change, etc.)
  • Will need to keep logs of activities individuals are performing. It will not be enough to only state “COVID-19 related” or “caused by COVID-19”.
  • We do NOT recommend tracking time for Directors, Managers, VPs—who are paid 80 hours per cycle regardless of hours worked (salaried employees) as these are not incremental costs.
  • Tracking of any donated labor resources to a similar level of detail.
  • Kronos (or alike payroll system) approvals, accompanied with additional comments or comment codes, should be the trigger or means by which to identify the individuals to pursue (immediately upon the close of each pay cycle), the detail of hours worked by day on COVID-19 related matters, or induced by the COVID-19 incident. Need to use a “best-efforts” basis to recall and notate this specificity, working with employees and supervisor/timekeepers, and also garner further helpful supporting documentation such as activity logs kept by schedulers or the employee.

Supplies & Other COVID-19 Caused Expenses

  • Any PPE and/or specific medical supplies related to the incident should be charged to a newly created COVID-19 cost center.
  • Any other supply item or service (handwashing agents, remote working technology, contracted labor, etc.) associated with a COVID-19 matter, or incurred to support patient care or patient/employee safety during this event—should be charged to this same newly created COVID-19 cost center. Further examples:
  • Tent rental
  • Newly hired or re-hired staff employed temporarily as contracted labor/on 1099
  • Computers purchased for work from home mandate
  • Licensing of telehealth IT platform
  • Tracking of any donated supplies or equipment to a similar level of detail.
  • Maintaining procurement files—POs, copies of invoices, associated with COVID-19 procured services, equipment, supplies or other purchases.
  • Supplies from stock will be quantified to determine incremental level of spend vs. historical norms.

“Surge Hospital” – or Opened New Units

  • The full operating costs for this facility or these designated new units, as it is, or they are, being renovated and operated to separate non-COVID-19 patients from those that require the more intensive and isolated care.
  • Actual renovation and preparation costs for units.

Lost Revenues/Business Interruption

  • Impact of COVID-19 on elective procedure revenue.
  • An analysis to perform and evaluate drops in volumes occurring in surgery, cardiac, orthopedics…and other services (relative to historic norms), and quantify impact using average payment rates and payer mix.
  • Further guidance under the CARES Act still forthcoming.

Personal Protection Equipment (PPE)

  • Surgical/Procedure Masks
  • N95/N99 Form Fitting Respirators
  • Face masks with integrated shield
  • Powered Air Purifying Respirator, PAPRs
  • Alcohol Based Hand Rub

Hospital Supplies

  • Ventilators with PEEP Functionality
  • Ventilator Circuits
  • Endotracheal Tubes
  • Hospital Gowns

Lab Supplies

  • UVT 3 mL with flocked flex minitip
  • Nasopharyngeal (NP) flocked swabs and viral transport media tubes (1-3 mL)

Diagnostics Supplies and Instruments

  • Roche MagNA Pure 96 DNA and Viral NA Small Volume Kits
  • Roche MagNA Pure 96 System Fluid and Tips
  • Roche MagNA Pure 96 External Lysis Buffer
  • Biomerieux NuciSENS EasyMAG extraction system and supplies

Medical sheltering (e.g., when existing facilities are reasonably forecasted to become overloaded in the near future and cannot accommodate needs)

  • All sheltering must be conducted in accordance with standards and/or guidance approved by HHS/CDC and must be implemented in a manner that incorporates social distancing measures.
  • Non‐congregate medical sheltering may also be eligible, subject to prior approval by FEMA. 
  • Examples include sheltering for those who test positive for COVID-19 who do not require hospitalization but need isolation (including those exiting from hospitals); those who have been exposed to COVID-19 who do not require hospitalization; and asymptomatic high-risk individuals needing social distancing as a precautionary measure, such as people over 65 or with certain underlying health conditions (respiratory, compromised immunities, chronic disease).
  • Sheltering specific populations in non-congregate shelters should be determined by a public health official’s direction or in accordance with the direction or guidance of health officials by the appropriate state or local entities.  The request should specify the populations to be sheltered. 

COST TRACKING IS CRITICAL TO REIMBURSEMENT

During this process, it is necessary to get as much funding as possible to cover additional costs incurred by the extra time and effort put forth including the larger quantity of supplies being utilized. The recent passage of the Federal Stimulus Bill had three relief packages, the third of which is The Coronavirus Aid, Relief and Economic Security (CARES) Act, passed on March 25th. Under this package, healthcare organizations have the opportunity to submit their incremental costs to obtain relief funding. These are costs that are in addition to the normal operating costs that are either “COVID-19 related” or “COVID-19 induced”. For example, extra PPE supplies fall into the former and opening new units to cohort non-COVID-19 patients would fall into the latter category.

The good news is that substantial funding is available. However, governmental rules and requirements around this funding will require an extreme degree of specificity, documentation, organization, and comprehensiveness – in order to actually receive this relief funding. This is somewhat akin to clinical documentation. If organizations don’t record their expenditures with sufficient specificity and have the backup data to support the claims, they will not be paid the correct amount, the amount they deserve.

‍Procurement requirements differ between state versus non-state entities and by normal versus emergency/exigent circumstances. Procurement requirements for the COVID-19 Declarations are:

  • States and territorial governments are required to follow their own procurement procedures as well as the Federal requirements for procurement of recovered materials and inclusion of required contract provisions per 2 C.F.R. §§ 200.317, 200.322, and 200.326.
  • In accordance with the March 17, 2020, memorandum from David Bibo, Acting Associate Administrator for the Office of Response and Recovery, for the duration of the Public Health Emergency, as determined by the U.S. Department of Health and Human Services (HHS), local governments, tribal governments, nonprofits, and other non-state entities may proceed with new and existing non-competitively procured contracts.
  • SLTT governments may contract with medical providers, including private for-profit hospitals, to carry out any eligible activity described in the Eligible Emergency Medical Care Activities section below.
  • The aforementioned memorandum and other information related to exigent and emergency circumstances procurement is available on the FEMA website at www.fema.gov/news-release/2020/03/20/procurement-under-grants-under-exigent-or-emergency-circumstances.

Emergency responses and urgent public health responses are critical priorities. However, financial disaster recovery from the Covid-19 Pandemic response actions will become an essential budget issue in light of reducing tax revenues and increased demand for services.

Accounting Considerations -Tracking and Managing Coronavirus Recovery Costs

Recognizing the logistical and bureaucratic challenges this unprecedented response effort will bring, FEMA is actively working to develop a simplified application and funding process. Your experience with the FEMA Public Assistance Covid-19 Simplified Grant Process will be materially less administratively painful with smoother quicker reimbursement of costs:

 If you accurately track and document COVID-19 response expenditures, 

 It is essential to consistently use activity/cost codes for COVD19 on all purchases of material, labor, supplies, contracts, services, and equipment that are directly related to responding to the COVID-19 pandemic.

 ü  The cost coding systems used by your entity will depend on your supporting technology for operations accounting for payroll, materials/supplies, contracts, and purchasing order protocols.

 

FEMA Public Assistance program is a REIMBURSEMENT program.

Applicants for Public Assistance MUST TAKE IMMEDIATE PROACTIVE ACCOUNTING MEASURES

To help you proactively navigate the complex FEMA programs and track eligible costs incurred, the information available here is provided as a PUBLIC SERVICE so that you and your teams can better track Covid-19 disaster-related costs for financial recovery.

EMERGENCY COVID-19 RESPONSE FIRST, BUT TRACK & DOCUMENT COSTS

CONSISTENT COST TRACKING AND DOCUMENTATION OF COVID-19 RESPONSE COSTS WILL MAKE A REIMBURSEMENT DIFFERENCE

 Emergency responses and urgent public health responses are critical priorities. However, financial disaster recovery from the Covid-19 Pandemic response actions will become an essential budget issue in light of reducing tax revenues and increased demand for services.

Accounting Considerations -Tracking and Managing Coronavirus Recovery Costs

Recognizing the logistical and bureaucratic challenges this unprecedented response effort will bring, FEMA is actively working to develop a simplified application and funding process.

 Your experience with the FEMA Public Assistance Covid-19 Simplified Grant Process will be materially less administratively painful with smoother quicker reimbursement of costs, IF YOU

  1. Accurately track and document all COVID-19 response expenditures
  2. Consistently use activity/cost codes for COVD19 on all purchases of material, labor, supplies, contracts, services, and equipment that are directly related to responding to the COVID-19 pandemic.
  3. ADD NEW COST CODES for operations accounting for payroll, materials/supplies, contracts, and purchasing order protocols regardless of the supporting technology, even if you must use Excel spreadsheets

 FEMA Public Assistance program is a REIMBURSEMENT program.

 Applicants for Public Assistance MUST TAKE IMMEDIATE PROACTIVE ACCOUNTING MEASURES

To help you proactively navigate the complex FEMA programs and track eligible costs incurred, the information available here is provided as a PUBLIC SERVICE so that you and your teams can better track Covid-19 disaster-related costs for financial recovery.

IMPORTANT – ONLY FEMA CAN MAKE ELIGIBILITY AND COST DETERMINATIONS

The current FEMA PA Policy & Procedures Guide provides information on emergency work for traditional natural disasters.

FEMA HQ will most likely provide Covid-19 Disaster Specific Guidance in near future




Emergency protective measures conducted before, during, and after an incident are eligible if the measures:
 Eliminate or lessen immediate threats to lives, public health, or safety; OR

 Eliminate or lessen immediate threats of significant additional damage to improved public or private property in a cost-effective manner.

FEMA may require certification by Federal, State, Territorial, Tribal, or local government officials that a threat exists, including:


 Identification and evaluation of the threat
 Recommendations of the work necessary to cope with the threat

The HHS Centers for Disease Control and Prevention (CDC) has primary authority to enable support and assistance to States, Territorial, or Tribal Governments in response to an infectious disease event. FEMA may provide assistance for the rescue, evacuation, and movement of persons; movement of supplies; and care, shelter, and other essential needs of affected human populations.

Any assistance provided by FEMA in response to an infectious disease event is done in coordination with the CDC. The Office of Response and Recovery Fact Sheet FP 104009-001, Infectious Disease Event, provides additional details.

The exhibit below is from the FEMA PAPPG on emergency work.

Coronavirus (COVID-19) Pandemic: Non-Congregate Sheltering

Release date: March 31, 2020  Frequently Asked Questions

Subsequent to President Trump’s March 13, 2020, Nationwide Emergency Declaration for Coronavirus 2019 (COVID-19), the U.S. Department of Homeland Security’s Federal Emergency Management Agency (FEMA) recognizes that non-congregate sheltering may be necessary in this Public Health Emergency to protect public health and save lives. 

This document provides answers to frequently asked questions about non-congregate sheltering during the Secretary of Health and Human Services’ (HHS’) declaration of a Public Health Emergency for COVID-19.

1. What is the difference between medical sheltering, quarantine facilities, and non-congregate sheltering? Do alternative medical care facilities count as non-congregate shelters?

The term “medical sheltering” is meant to address the specific needs directly resulting from this Public Health Emergency.  For purposes of eligibility under the COVID-19 declarations, FEMA will consider non-congregate sheltering for health and medical-related needs, such as isolation and quarantine resulting from the public health emergency.  Alternate care sites and temporary hospitals are not considered non-congregate sheltering and such requests should be routed through the proper channels.  Please refer to the Emergency Medical Care for COVID-19 Fact Sheet.

2. Who is the target population for non-congregate sheltering?

Examples of target populations include those who test positive for COVID-19 who do not require hospitalization but need isolation (including those exiting from hospitals); those who have been exposed to COVID-19 who do not require hospitalization; and asymptomatic high-risk individuals needing social distancing as a precautionary measure, such as people over 65 or with certain underlying health conditions (respiratory, compromised immunities, chronic disease).  Sheltering specific populations in non-congregate shelters should be determined by a public health official’s direction or in accordance with the direction or guidance of health officials by the appropriate state or local entities.  The request should specify the populations to be sheltered.  Non-congregate sheltering of healthcare workers and first responders who require isolation may be eligible when determined necessary by the appropriate state, local, tribal, or territorial public health officials and when assistance is not duplicated by another federal agency.

3. What forms of non-congregate sheltering will FEMA support?

Sheltering solutions should be determined by the Applicant requesting assistance, such as hotels, motels, dormitories, or other forms of non-congregate sheltering.  The solutions should meet the criteria of non-congregate sheltering for the COVID-19 emergency, including what is necessary to protect public health and safety, be in accordance with guidance provided by appropriate health officials, and be reasonable and necessary to address the threat to public health and safety.  

4. Must the Centers for Disease Control and Prevention (CDC) or state/local public health officials direct the use of non-congregate sheltering? Is it okay if another state/local official (e.g., emergency management office) directs the use?

The non-congregate sheltering must be at the direction of and documented through an official order signed by a state, local, tribal, or territorial public health official or be done in accordance with the direction or guidance of health officials by the appropriate state or local entities, in accordance with applicable state and local laws.

5. Does the non-congregate sheltering delegation apply to both emergency and major disaster declarations?

Yes, the delegation applies to all incidents declared as a result of COVID-19.

6. Can you provide a template for non-congregate sheltering requests?

Yes, there is a template request letter that the Applicant can use.  In addition, Template Project Worksheets are currently being developed.  Please contact your Regional point of contact for additional information concerning the template.

7. Can approval be state-wide? Could a FEMA Regional Administrator approve a state-wide strategy rather than individual requests?

Requests should be submitted based on the state and/or local public health orders, along with relevant public health guidance that recommends sheltering be conducted in the manner that is being requested for reimbursement and must meet the criteria of the guidance issued by FEMA for COVID-19. In instances where the state is issuing the public health order along with relevant public health guidance for non-congregate sheltering for the state, it is possible for FEMA to approve a state-wide request.

A state-wide non-congregate sheltering request should outline the state’s non-congregate sheltering plan with options that will be utilized in the state by local governments.  Upon pre-approval of non-congregate sheltering, the state can be the sub-recipient, or a county/local government can be a sub-recipient.

Tracking mechanisms must be in place to provide data and documentation to establish the eligibility of costs for which the Applicant is requesting Public Assistance funding (including the need for non-congregate sheltering of each individual, length of stay, and costs). As with any activity, lack of support documentation may result in FEMA determining that some or all of the costs are ineligible.

8. Can a FEMA Regional Administrator approve non-congregate sheltering after it has already begun?

In limited circumstances where the nature of the emergency did not make a request feasible prior to beginning non-congregate sheltering, the Regional Administrator may approve non-congregate sheltering after it has already commenced.

9. Can a FEMA Regional Administrator allowed to delegate approval of non-congregate sheltering?

No, this delegation may not be re-delegated. The Regional Administrator should approve, partially approve, or deny the request in writing. This documentation should be uploaded to the project in FEMA Grants Manager.

10. What wrap-around services are eligible? For example, are food or mental health counseling eligible?

Eligible costs related to sheltering should be necessary based on the type of shelter, the specific needs of those sheltered, and determined necessary to protect public health and safety and in accordance with guidance provided by appropriate health officials.  However, support services such as case management, mental health counseling, and others are not eligible.

11. How long can an individual to stay in non-congregate sheltering?  How long can a non-congregate sheltering mission last?

The length of non-congregate sheltering depends on the needs in each area and will be in accordance with the guidance and direction from appropriate health officials.  Sheltering eligibility for sheltering activities may not extend beyond the state or local public health order or the HHS Public Health Emergency for COVID-19.  Length of sheltering for individuals is based on health guidance and be limited to what is needed to address the immediate threat to public health and safety.  The mission will depend on the level of community transmission in each area.   Areas with high rates of community transmission, hospital admissions, and fatalities may need up to eight weeks.  Reassessment at periodic intervals is necessary.

Regional Administrators should approve non-congregate sheltering in 30-day increments, or less if a re-assessment determines there is no longer a public health need, but not to exceed the duration of the order of the state or local public health officer.  The state or local will need to provide a re-assessment of the continuing need for emergency non-congregate sheltering from a state public health official, as well as a detailed justification for the continuing need for emergency non-congregate sheltering. The non-congregate sheltering for an individual should be in accordance with the guidance and direction from appropriate health officials.

12. How will we handle congregate and non-congregate sheltering missions for future disasters in areas impact by COVID-19?

Sheltering in future events will need to conform to current guidelines in place, including considerations for shelter operations in a pandemic environment.  If there are additional costs incurred for such shelter operations, FEMA may reimburse those costs as eligible under the subsequent declaration requiring the shelter operations.

13. Can you provide additional clarity on avoiding duplication of benefits between FEMA and HHS?

FEMA cannot duplicate assistance provided by another Federal agency.  In this case, HHS is providing funding for certain costs in response to the COVID-19 pandemic.  Each Applicant will need to agree to the stipulation in the grant conditions of all FEMA awards that funding is not also being received from another funding source.  FEMA is coordinating with HHS to share information about funding from each Agency to assist in the prevention of duplication of benefits.

Public Assistance: Non-Congregate Sheltering Delegation of Authority

Release date: March 19, 2020

Release Number: FACT SHEET

Under President Trump’s March 13, 2020, national emergency declaration for the coronavirus (COVID-19) pandemic, FEMA’s Regional Administrators have been delegated
authority to approve requests for non-congregate sheltering for the duration of the Secretary of Health and Human Services’ declaration of a Public Health Emergency for
COVID-19.

In accordance with section 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, eligible emergency protective measures taken to respond to the COVID-19 emergency at the direction or guidance of state,
local, tribal, and territorial public health officials may be reimbursed under Category B of FEMA’s Public Assistance program.

FEMA recognizes that non-congregate sheltering may be necessary in this Public Health Emergency to save lives, to protect property and public health, and to ensure public safety, as well as to lessen or avert the threat of a
catastrophe. States, tribes and territories should work with their regional administrators for approval of noncongregate sheltering and procure the necessary support services needed to meet the needs of the public health
emergency. The following criteria must be considered before setting up non-congregate sheltering and supportservices:

  • The non-congregate sheltering must be at the direction of and documented through an official order signed by a state, local, tribal, or territorial public health official.
  • Any approval is limited to that which is reasonable and necessary to address the public health needs of the event and should not extend beyond the duration of the Public Health Emergency.
  • Applicants must follow FEMA’s Procurement Under Grants Conducted Under Exigent or Emergency Circumstances guidance and include a termination for convenience clause in their contracts
  • Prior to approval, the applicant must provide an analysis of the implementation options that were considered and a justification for the option selected.
  • The funding for non-congregate sheltering to meet the needs of the Public Health Emergency cannot be duplicated by another federal agency, including the U.S. Department of Health and Human Services or Centers for Disease Control and Prevention.
  • Applicable Environmental and Historic Preservation laws, regulations, and executive orders apply and must be adhered to as a condition of assistance.

Last Updated: March 19, 2020 - 14:05

Will FEMA provide flexibility to applicants through the purchase and distribution of food to protect the health and safety of impacted communities in response to the COVID-19 Public Health Emergency

Yes, with limitations and compliance with FEMA policies

Coronavirus (COVID-19) Pandemic: Purchase and Distribution of Food Eligible for Public Assistance

Release date: April 12, 2020 Release Number: FEMA Policy FP 104-010-03

BACKGROUND

Under the President’s March 13, 2020, COVID-19 emergency declaration 1 and subsequent major disaster declarations for COVID-19, state, local, tribal, and territorial (SLTT) government entities and certain private non-profit (PNP) organizations are eligible to apply for assistance under the FEMA Public Assistance (PA) Program. This policy is applicable to eligible PA applicants only and is exclusive to emergency and major disaster declarations for the COVID- 19 pandemic.

As of April 9, 2020, 51 states and territories had “stay at home” orders in place.2 The population at high-risk for severe illness from COVID-19 includes people 65 years and older and people of any age who have serious underlying medical conditions, including people with chronic lung disease or moderate to severe asthma, people with serious heart conditions, people who are immunocompromised (e.g., those undergoing cancer treatment, smokers, those with HIV or AIDS), and people with severe obesity, diabetes, or liver disease, and people undergoing kidney dialysis.3 Due to the impact of the COVID-19 pandemic, there may be areas where it will be necessary as an emergency protective measure to provide food to meet the immediate needs of those who do not have access to food as a result of COVID-19 and to protect the public from the spread of the virus.

PURPOSE

This policy defines the framework, policy details, and requirements for determining eligible work and costs for the purchase and distribution of food in response to the COVID-19 Public Health Emergency to ensure consistent and appropriate implementation across all COVID-19 emergency and major disaster declarations. Except where specifically stated otherwise in this policy, assistance is subject to PA Program requirements as defined in Version 3.1 of the Public Assistance Program and Policy Guide (PAPPG).4

PRINCIPLES

  1. FEMA will provide flexibility to applicants to protect the health and safety of impacted communities in response to the COVID-19 Public Health Emergency through the purchase and distribution of food.
  2. FEMA will responsibly implement this policy and any assistance provided in a consistent manner through informed decision-making and accountable documentation.
  3. FEMA will engage with interagency partners, including the U.S. Department of Agriculture (USDA), the U.S. Department of Health and Human Services (HHS), and U.S. Department of Housing and Urban Development (HUD), to ensure this assistance does not duplicate other available assistance. Engagement with USDA will include coordination with USDA’s efforts on food bank response.

REQUIREMENTS

A. APPLICABILITY

1. This policy applies to:

  1. All Presidential emergency and major disaster declarations under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as amended, issued for the COVID-19 Public Health Emergency.
  2. Eligible PA applicants under the COVID-19 emergency declaration or any subsequent COVID-19 major disaster declaration.
  3. This policy does not apply to any other emergency or major disaster declaration.

B. GENERAL ELIGIBILITY CONSIDERATIONS

Outcome: To define the overarching eligibility framework for purchasing and distributing food in response to COVID-19 declarations.

1. Legal Responsibility.

  1. To be eligible for PA, an item of work must be the legal responsibility of an eligible applicant.5 Measures to protect life, public health, and safety are generally the responsibility of state, local, tribal, and territorial (SLTT) governments.
  2. Legally responsible SLTT governments may enter into formal agreements or contracts with private organizations, including private nonprofit (PNP) organizations such as food banks, to purchase and distribute food when necessary as an emergency protective measure in response to the COVID-19 Public Health Emergency. In these cases, PA funding is provided to the legally responsible government entity, which would then reimburse the private organization for the cost of providing those services under the agreement or contract.

2. Work Eligibility.

  1. In accordance with sections 403 and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”), emergency protective measures necessary to save lives and protect public health and safety, including the purchase and distribution of food, may be reimbursed under the PA program.
  2. When necessary as an emergency protective measure, eligible work related to the purchase and distribution of food in response to the COVID-19 pandemic includes:
  1. Purchasing, packaging, and/or preparing food, including food commodities, fresh foods, shelf-stable food products, and prepared meals;
  2. Delivering food, including hot and cold meals if necessary, to distribution points and/or individuals, when conditions constitute a level of severity that food is not easily accessible for purchase; and
  3. Leasing distribution and storage space, vehicles, and necessary equipment.
  1. Several indicators may demonstrate the need to purchase and distribute food in response to the COVID-19 pandemic:
  1. Reduced mobility of people in need due to government-imposed restrictions, including “stay-at-home” orders, which prevent certain populations from accessing food;
  2. Marked increase or atypical demand for feeding resources; or
  3. Disruptions to the typical food supply chain within a given jurisdiction.
  1. Populations in an impacted community that may need the provision of food as a lifesaving and life-sustaining commodity, may include:
  1. Those who test positive for COVID-19 or have been exposed to COVID-19, but who do not require hospitalization;6
  2. High-risk individuals, such as people over 65 or with certain underlying health conditions;7 and
  3. Other populations based on the direction or guidance of the appropriate public health official.

3. Cost Eligibility.

  1. All claimed costs must be necessary and reasonable in order to respond to the COVID-19 Public Health Emergency and are subject to standard program eligibility and other Federal requirements, including the prevailing cost-share for the respective declaration.8
  2. Applicants must follow applicable cost principles and procurement requirements.9
  1. Costs claimed by SLTT governments must be reasonable pursuant to Federal regulations and Federal cost principles.10 A cost is considered reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost.
  2. States and territorial governments are required to follow their own procurement procedures, comply with 2 CFR §200.322, and include any clauses required by 2 CFR §200.326. Local and tribal governments must follow their own procedures and comply with 2 CFR §200.318.
  3. In accordance with the March 17, 2020, memorandum from David Bibo, Acting Associate Administrator for the Office of Response and Recovery, and Bridget E. Bean, Assistant Administrator for the Grants Program Directorate, for the duration of the Public Health Emergency, as determined by U.S. Department of Health and Human Services (HHS), local governments, tribal governments, PNPs, and other non-state entities may proceed with new and existing non-competitively procured contracts. The March 17, 2020 memorandum and other information related to procurement specific to COVID-19 declarations are available on the FEMA website at www.fema.gov/media-library/assets/documents/186350.
  1. Pursuant to Section 312 of the Stafford Act, FEMA is prohibited from providing financial assistance where such assistance would duplicate funding available from another program, insurance, or any other source for the same costs.11

4. Time Limitations.

  1. FEMA may provide funding for an initial 30-day time period.
  2. SLTT governments may request a 30-day time extension from the Regional Administrator (RA) with documentation showing continued need.
  3. Work may not extend beyond the duration of the COVID-19 Public Health Emergency, as determined by HHS.

Keith Turi

Assistant Administrator, Recovery Directorate

Date:  April 11, 2020